Montana § 72-38-1009 - Beneficiary's Consent, Release, Or Ratification

Full text of Montana Montana Code Annotated § 72-38-1009 — Beneficiary's Consent, Release, Or Ratification, with citation guidance and answers to common questions.

§ 72-38-1009. Beneficiary's Consent, Release, Or Ratification

Beneficiary's consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach unless: (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 72-38-1009

What does Montana Code Annotated § 72-38-1009 cover?

Section 72-38-1009 ("Beneficiary's Consent, Release, Or Ratification") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 72-38-1009?

A common citation format is "Montana Code Annotated § 72-38-1009" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 72-38-1009 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.